1. Korean Intellectual Property Office, ‘Mediation Instead of Litigation’ for Intellectual Property Disputes

According to the Korean Intellectual Property Office on April 25, the number of applications for mediation of industrial property rights disputes, which was only 45 in 2019, increased to 76 cases last year, an annual average increase of 19% over the past four years. As of April this year, 38 cases have been received, and the number of mediation applications is expected to exceed 100 in December. The industrial property rights dispute mediation system is a system that resolves disputes such as industrial property rights such as patents, trademarks, designs, and utility models, trade secrets, unfair competition, and job inventions through dialogue and agreement among the parties with the help of experts. Industrial property rights dispute mediation Among the applicant companies, the mediation success rate of the companies to which the other party responded to mediation reached 66% on average over 4 years, and the dispute resolution effect was high. It was found that 47% of all application cases were resolved, even including those who did not respond. In the analysis of the application status by company category for the last 5 years (2019-2023.4), out of a total of 312 applications, the Individual and Small and Medium Business Administration accounted for 297 cases (95%). It was found that the use of small and medium-sized enterprises was high.

2. Eliminate ‘punishment with a slap on the wrist’ for technology leakage

The Korean Intellectual Property Office and the Prosecutor’s Office decided to improve the sentencing standards to prevent technology leakage crimes by raising the sentencing standards so that first-time offenders receive severe sentences.

Mr. A, who worked for a medical device company, received an offer from an acquaintance saying, “If you bring core technology, you will get a job at a Chinese company.” Mr. A handed over the design drawings of the medical device, and the Chinese company even applied for a patent by modifying the design drawings. However, in 2021, the court sentenced Mr. A to probation. This is because Mr. A is the first offender and it is not easy to calculate the amount of damage.

Although the Korean Intellectual Property Office has strengthened the court punishment by increasing the punishment level from 10 years in prison to less than 15 years in case of technology leakage overseas to prevent technology leakage, which is increasing every year, the actual sentence imposed in court is low, so only 7 out of 10 convictions are executed. This is because there is a point of 'punishment with a slap on the wrist' while receiving a reprieve.

The Korean Intellectual Property Office announced to the Supreme Court Sentencing Committee that it would push for the establishment of a separate sentencing standard by separating the crime of technology leakage. The recommended sentence is 2 to 5 years for overseas leakage and 1 to 3 years for domestic leakage, which is almost twice as high as before.

3. Korean Intellectual Property Office, Korea-Japan Trademark Expert Meeting resumed after 3 years

The Korean Intellectual Property Office held the ‘18th Korea-Japan Trademark Experts Meeting’ via video and discussed the direction of cooperation and development in the trademark field of the two countries. The Korea-Japan Trademark Experts Meeting was last suspended in 2020. Trademark experts from the Korean and Japanese Intellectual Property Offices attended this conference, which resumed after three years, and △promoted major policies related to trademarks and trends in applications △trademark law revision directions, such as reviewing the introduction of the coexistence consent system △Korea and Japan within the Trademark Advanced 5 Offices (TM5) The two countries exchanged opinions on ways to cooperate between the two countries. The two countries agreed to shorten the examination processing period in both countries, such as hiring temporary assistant examiners (Japan) and establishing an organization dedicated to preferential examination for service trademarks that many small business owners apply for (Korea). shared efforts to In addition, as a way to keep pace with the changing circumstances of transactions, such as the expansion of online transactions and the emergence of virtual space, measures to eradicate counterfeit products in the digital space (Japan) and virtual product review guidelines (Korea) were shared. The two countries also decided to resume the exchange of geographical indication lists after three years.

4. Investing KRW 1.124 trillion in securing 12 national strategic technologies and carbon-neutral IP

The National Intellectual Property Committee held the 34th meeting in writing on the 31st of last month and announced on the 2nd that it had deliberated and confirmed the agenda for the 2023 National Intellectual Property Implementation Plan.

Funds such as content IP funds will be created at a scale of 410 billion won, and support for online video service (OTT) content production will also be increased. The '4th Intellectual Property Manpower Training Comprehensive Plan', which expands IP education such as copyright, was also deliberated. The results of last year's evaluation of the performance of the central government and metropolitan local governments showed the Intellectual Property Office's 'IP-R&D Strategic Support' project and the Ministry of Culture, Sports and Tourism's 'Majesty'. Six projects, including the 'Investment in Dangdang Contents Korea Fund' project, were evaluated as the best projects by the central government, and Seoul was selected as the best local government among metropolitan local governments. It was also decided to promote the prepared policy alternatives together with the relevant ministries.